Divorce Lawyer Edmonton | Child Support is Necessary
If people are divorcing, and children are involved in the marriage they should contact a divorce lawyer Edmonton. So that they understand what their obligations are under the law.
There are many laws that govern what a child is entitled to. As well as what parents are obligated to do. And can be read for free online.
These are called the Alberta family Law act as well as the divorce act. And while they are available to read for free. They may be complicated, and does not allow for people to ask questions.
This is why parents should set up a free consultation with the divorce lawyer Edmonton. That they can clearly understand what their obligations are. Especially for their specific circumstances.
This is important as well, because there are many misconceptions about child support. And if people believe what they hear, they could end up in legal trouble.
One of the first misconceptions that many people believe. Is that if they do not see their kids. Either because they do not want to, or there ex will let them. They no longer have to pay child support.
However, this is not true. Because child support is considered the right of the child. And parents are obligated to pay whether they see their children or not.
If they wish to see their child, but they are not allowed access by the custodial parent. There are legal proceedings that they can go through says divorce lawyer Edmonton. That can help them as a station.
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However, according to the law there are extremely few occasions. Where a parent would be allowed to stop making child support payments. And most parents will not qualify.
Another misconception about child support. Is that when the custodial parent makes more money than the noncustodial parent. That they no longer are required to make payments.
This is not true, because the reason why parents need to pay child support. Is so that they can financially provide for the life that they helped create. And not to pay their ex-spouse to raise their children.
Therefore, the amount of money that the ex spouse makes. Does not relieve the other parent from their financial obligations to their child. And they will continue to be required to pay based on a percentage of their income.
However, if a custodial parent makes significantly less than the noncustodial parent. They may decide to apply through the court to have the child support increased. So that they can provide the basic necessities of life.
If this is the case, if the noncustodial parents income changes after the ruling. All they have to do is ask their divorce lawyer Edmonton to inform the court of their income change.
As they can have it reduced again, but legally. A parent needs to understand that they are not allowed to make a decision to decrease payments on their own.
By understanding their legal obligations. Can ensure that both parents act within the law. And are contributing financially to the children that they created together.
Divorce Lawyer Edmonton | Child Support is Necessary In Alberta
If two people are divorcing, and children are involved they need to get the advice of a divorce lawyer Edmonton. Because there will be obligations involving their children.
And while most people can divorce, and make child support payments without incident. Both parents need to understand. What will happen if either one stops living up to their obligations.
The first thing that both parents need to do. Is provide each other as well as the court. With information about their income. So that the appropriate child support amount can be calculated.
If one parent refuses to supply income information. What will happen, is that it will go to court. Where a judge will decide on how much child support they think that parent should pay.
They will make their decision with input from the custodial parent. And can often end up being more than they would have to pay. If they supplied income information at the beginning of the process.
In addition to that, divorce lawyer Edmonton says a judge may also order additional costs against the noncustodial parent. Which can contribute to the amount of money their noncompliance would cost them.
Something else that parents need to take into consideration. Is that if they stop making child support payments for any reason. There ex-spouse can take them to court.
And in that case, they may be ordered to pay all of the child support they owed for the time that they were not paying. Or, it could trigger the maintenance enforcement program.
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The maintenance enforcement program is an agency in the province of Alberta. That is responsible for enforcing court ordered child support. And has a very broad and sweeping authority.
In fact, not only can the maintenance enforcement program suspend drivers licenses, and confiscate passports. It can also garnish a person’s wages. So that they have no choice, but to pay child support.
In order to avoid these consequences, parents need to ensure that they are consistently paying child support. And if they cannot afford to for any reason.
They should talk to their divorce lawyer Edmonton. In order to make applications to reduce child support payments even temporarily.
Since the court system does not view child support payments as a punishment. They are more than cooperative. What a parent communicates clearly. That they cannot afford to make these payments.
And there is even a program called the recalculation program. That parents can sign up for. That automatically readjusts child support payments on an annual basis.
So that parents can always ensure that they are paying the amount that they should be paying. Without having to go to court every time they need to have their child support amount adjusted.
Understanding child support laws can be very confusing. Which is why anyone who is going through a divorce, or has children with the next partner. Should talk to a divorce lawyer Edmonton.
So that they can get the right information about what they need to do, the matter what their circumstances are.